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1 Craig B. Holman, The End of Limits on Money in Politics: Soft Money Now Comprises the Largest Share of Party Spending on Television Ads in Federal Elections 1 (2001)

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                  The End of Limits on Money in Politics:
    Soft Money Now Comprises the Largest Share of Party Spending
                   On Television Ads in Federal Elections

                            By Craig B. Holman, Ph.D.
                               Senior Policy Analyst


       Soft money--money in federal elections that would otherwise be illegal, such
as direct corporate or union contributions or contributions in excess of legal limits-has
now become the primary source of funding for party ads that promote the election or
defeat of federal candidates. Though expressly prohibited by campaign finance laws,
federal regulators have recently begun to allow the influx of some soft money into party
coffers with a wink and a nod. Money given directly from corporate or union treasuries or
from wealthy individuals to party committees has been deemed not in violation of federal
laws by the FEC so long as the funds are not used for express advocacy-directly
promoting the election or defeat of federal candidates. Instead, soft money is to be used
for party-building activities, such as voter registration drives and strengthening the image
and infrastructure of party organizations.
       Findings from a new study conducted by the Brennan Center for Justice at NYU
and Professor Ken Goldstein at the University of Wisconsin show that in the 2000
elections quite the opposite has occurred: television advertising sponsored by the parties
to support or oppose candidates has been primarily financed through soft unregulated
money. In the one area of campaign activity most considered off-limits to soft money-
television electioneering ads for and against candidates-direct corporate and union
monies and contributions far in excess of federal limits now are the principal source of
funds behind these ads sponsored by the political parties. Party soft money has rendered
federal campaign finance laws meaningless in the real world of politicking.
       Using data from the Campaign Media Analysis Group (CMAG) to monitor
political advertising in the nation's top 75 media markets, researchers at the Brennan
Center and the University of Wisconsin have documented the frequency, content and
costs of television ads in the 2000 election. The study is funded by the Pew Charitable
Trusts.
       Among the key findings regarding soft money and party politics in this study are:
       Soft money has flooded into party coffers in recent years, beginning in earnest in
       1996 and reaching unprecedented levels in 2000.

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